COMPREHENSIVE EXAM PREP, PRACTICE
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,Photographic arrays ID procedures are not necessary if the witness knows the suspect (i.e. more than a short
time or mere acquaintances)
Label each part of the following statute: 16 - Title
16-3-504(2.2)(a)(II)(A) 3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
What are the two types of arrest? Custodial
Non-Custodial
An emergency protective order expires after _____? Three judicial days
§ 18-1-402. Presumption of Innocence Every person is presumed innocent until proved guilty
§ 18-1-403. Legal Assistance and Supporting Services All indigent persons who are charged with or held for the commission of a crime are
entitled to legal representation and supporting services at the state's expense
Dunaway v. New York said what? an officer needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony has the
right to demand and receive a preliminary hearing within a reasonable time to determine
whether PC exists
Only those persons charged with a class 4, 5, or 6 felony that requires mandatory
sentencing, or is charged with a crime of violence or sexual offense, shall have the right
to demand and receive a preliminary hearing within a reasonable time to determine
whether PC exists
How many jurors on a felony trial? 12
How many jurors on a misdemeanor trial? 6
How long for a speedy trial? 180 days from the date of entry of a not guilty plea
§ 18-1-405
,What property crime can you use deadly force to defend First Degree Arson
against?
§ 18-1-407 Affirmative Defense Means that unless the state's evidence raises the issue involving the alleged defense, the
defendant, to raise the issue, shall present some credible evidence on that issue
If the issue involved in an affirmative defense is raised, then Established beyond a reasonable doubt as to that issue as well as all other elements of
the guilt of the defendant must be... the offense
When is an officer in detentions justified in using physical in all other circumstances when and to the extent that he reasonably believes it is
force? necessary to prevent when he reasonably believes to be the escape of a prisoner from a
detention facility
Detention Facility any place maintained for the confinement, pursuant to law, or persons charged with or
convicted of an offense, held for extradition, or otherwise confined pursuant to an order
of a court
§ 18-1-707 Use of physical force in making an arrest or in A peace officer is justified in using deadly physical force upon another person when he
preventing an escape. reasonably believes that it is necessary:
(Deadly force) -to defend himself or a third person from what he reasonably believes to be the use or
imminent use of deadly physical force
-to effect an arrest or prevent an escape of a person whom he reasonably believes
----has committed or attempted to commit a felony involving the use or threatened use
of a deadly weapon
----is attempting escape by the use of a deadly weapon
----otherwise indicates that he is likely to endanger human life or to inflict SBI unless
apprehended without delay
§ 18-1-706 Use of Physical Force in Defense of Property A person is justified in using reasonable and appropriate physical force upon another
person when and to the extent that he reasonably believes it is necessary to prevent
what he reasonably believes to be an attempt by the other person to commit theft,
criminal mischief, or criminal tampering involving property
§ 18-1-705 Use of physical force in defense of premises A person is justified in using reasonable and appropriate physical force upon another
person when and to the extent that it is reasonably necessary to prevent or terminate
what he reasonably believes to be the commission or attempted commission of an
unlawful trespass by the other person in or upon the building, realty, or premises
, § 18-1-704.5 Use of Deadly Physical Force against an intruder Any occupant of a dwelling is justified in using any degree of physical force, no matter
(Make My Day Law) how slight, against another person when that other person has made an unlawful entry
into the dwelling, and when the occupant has a reasonable belief that such other person
has committed a crime in that dwelling in addition to the uninvited entry, or is committing
or intends to commit a crime against a person or property
The occupant shall be immune from criminal prosecution and civil liability
A short rifle is defined as having a barrel length of less than 16
________ inches or an overall length of less than 26 inches
A short shotgun is defined as having a overall length of less 26 inches
than
§ 18-1-709 Entrapment You can't convince someone to commit a crime and then charge them with the crime
What age is insufficient age? 10 years old
Act A bodily movement, and includes words and possession of property
Conduct an act or omission and its accompanying state of mind or, where relevant, a series of acts
of omissions
Criminal Negligence Through a gross deviation from the standard of care that a reasonable person would
exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or
that a circumstance exists
Culpable Mental State Intentionally
Knowingly
Recklessly
Criminal negligence
Intentianally When his conscious objective is to cause the specific result proscribed by the statute
defining the offense
Knowingly When he is aware that his conduct is of such nature or that such circumstance exists
When he is aware that his conduct is practically certain to cause the result
Omission A failure to perform an act as to which a duty of performance is imposed by law